Dunbar-Kari v. USA, et al.

Filing 41

STIPULATION to Protective Order Regarding Production of Confidential Financial Information; ORDER re same, signed by Magistrate Judge Sandra M. Snyder on 8/25/2010. (Herman, H)

Dunbar-Kari v. USA, et al.

Doc. 41

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BENJAMIN B. WAGNER United States Attorney ALYSON A. BERG Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Cross-Defendant United States of America UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA KIRSTIE DUNBAR-KARI, ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA; ) STUART JOHNSTON, dba JOHNSTON ) CONSTRUCTION, ) ) Defendants. ) ______________________________) ) STUART JOHNSTON dba JOHNSTON ) CONSTRUCTION, ) ) Cross-Complainant, ) ) v. ) ) UNITED STATES OF AMERICA and ) ROES 1 to 50, ) ) Cross-Defendants. ) ) ) 1:09-cv-00389-LJO-SMS STIPULATION TO PROTECTIVE ORDER REGARDING PRODUCTION OF CONFIDENTIAL FINANCIAL INFORMATION; ORDER RE SAME

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Plaintiff Kirstie Dunbar-Kari ("Plaintiff"),Defendant and Cross-Defendant United States of America ("United States") and Defendant and Cross-Complainant Stuart Johnston dba Johnston Construction ("Johnston") (collectively "the parties") stipulate, by and through the undersigned counsel, as follows: 1
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WHEREAS the parties seek to use financial information relating to the operation of the El Portal Market, including financial information of the current concessionaire, Plaintiff, and the prior concessionaire, Vaughn, Vaughn & Carter; WHEREAS, such financial information is arguably protected from disclosure pursuant to financial privacy rights and/or competitive proprietary rights; WHEREAS, the parties wish to protect the privacy rights of the United States, Plaintiff and any other third parties, including but not limited to the prior concessionaire of the El Portal Market, from unauthorized and/or unnecessary disclosure; WHEREAS, the parties also wish to prevent the possibility of any misuse or unnecessary disclosure of the financial information, regardless of any privacy rights; THE PARTIES THEREFORE STIPULATE, and pending further order of the Court, that the following procedures designed to ensure the protection of this financial information shall govern all forthcoming pre-trial discovery proceedings: 1. Financial documentation, as well as all information

contained therein, are hereby designated as "confidential financial information" that is privy to rights of privacy and subject to this stipulated Protective Order. 2. This confidential financial information may be shown,

or its contents disclosed only to the following persons: (a) Counsel of record in this action and counsel's

agents and employees;

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(b)

Any expert used as a consultant or intended to be

called as a witness who is retained by counsel of record to assist in the preparation and/or trial of this case; and (c) The parties to this action and their agents and

employees. Confidential financial information designated as subject to this Protective Order shall not be disclosed or shown to any other person or entity. 3. Confidential financial information designated as

subject to this stipulated Protective Order or any information derived therefrom shall be used solely for the purpose of the disputed claims and defenses in connection with this litigation and not for any other purpose. 4. The parties' respective counsel of record each agree to

make all reasonable efforts to ensure compliance with this Protective Order. Any persons referred to in paragraphs 2(b) and

(c) of this stipulated Protective Order who receives information designated as confidential financial information pursuant to this stipulated Protective Order shall first read a copy of this stipulated Protective Order and agree in writing to abide by the terms thereof. Any persons referred to in paragraphs 2(b) and

(c) who review any confidential financial information shall agree to the terms of the Stipulation and execute Exhibit A attached hereto. 5. The parties enter into this stipulated Protective Order

without prejudice to any party's right to object to the disclosure of any information on any ground that it/he/she may deem appropriate, and any party or non-party may, upon motion, 3

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seek relief from, or modification of, this Protective Order based on a showing of good cause. 6. The designation of any information as "confidential

financial information" pursuant to this Protective Order is intended solely to facilitate the preparation of this case for trial. No party shall be obligated to challenge the propriety of

any designation by the opposing party, and a failure to do so shall not preclude a subsequent attack on the propriety of any "confidential financial information" designation. 7. If confidential financial information is improperly

disclosed to any person other than in the manner authorized by this Protective Order, the party responsible for the disclosure must immediately inform the other party of all pertinent facts relating to such disclosure (including the name and address of each person to whom disclosure was made), promptly retrieve the improperly disclosed confidential financial information and shall make reasonable efforts to prevent further disclosure by said authorized person(s). 8. The parties agree that, prior to commencement of trial,

they will enter into mutually agreeable stipulations and protective orders with respect to any confidential financial information to be disclosed during trial. Any unresolved

disputes shall be resolved in accordance with the Federal Rules of Civil Procedure and addressed within the parties' pretrial statements. Any party intending to utilize any confidential

financial information designated as confidential in a law and motion matter or at trial should lodge the document under seal so as to preserve its confidentiality pending the Court's determination regarding whether a privilege exists that precludes 4

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the use of the document or other information as evidence or determining what safeguards should be utilized if the confidential financial information is to be considered as evidence. 9. Upon final determination of this action, unless

otherwise agreed to in writing by opposing counsel, each party shall either: (a) Assemble and return all material designated as

protected confidential financial information under this Protective Order, including all copies thereof, to the producing party and certify in writing that all such material has been returned; or (b) Certify in writing that all such material has been

destroyed. 10. If any person breaches this stipulated Protective

Order, any person may notice a hearing to the District Court requesting appropriate relief. /// /// /// /// /// /// /// 11. All parties to this Protective Order have participated

in drafting the Order. Respectfully submitted, Dated: August 25, 2010 5 BENJAMIN B. WAGNER United States Attorney

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( a s authorized on 8/23/10)

/s/Alyson A. Berg ALYSON A. BERG Attorneys for Defendant and Cross-Defendant United States of America McCormick, Barstow, Sheppard Wayte & Carruth LLP

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( a s authorized on 8/24/10)

/s/Wade M. Hansard WADE M. HANSARD Attorneys for Plaintiff Jacobson, Hansen, Najarian & McQuillan

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 /// 16 /// 17 /// 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: icido3 August 25, 2010 Date:

Exhibit A

I, ________________________, do solemnly swear that I am fully familiar with the terms of the Stipulation entered into in Dunbar-Kari v. United States of America, et al, United States District Court for the Eastern District of California, Case No. 1:09-cv-00389 and hereby agree to comply with and be bound by the terms and conditions of said Stipulation. I hereby consent to

the jurisdiction of said Court for purposes of enforcing this Order.

_____________________________ Name

/s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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